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8TH FUNDAMENTAL RIGHT--- "To develop the scientific temper, humanism and the spirit of inquiry and reforms"

Medha varshney

FUNDAMENTAL DUTIES FACING THE INADEQUACIES IN THE IMPLEMENTATION OF SOCIAL JUSTICE PROVISION DUE TO NON JUSTICIABLITY OF DIRECTIVE PRINCIPLES, COMMENTATORS HAVE ALSO POINTED OUT THAT OUR CONSTITUTION IS EMBATTLED AND IMPERILLED BECAUSE WE HAVE FAILED TO IMPREGNATE OUR SOCIAL AND POLITICAL PROCESS WITH PATRIOTIC ZEAL AND FULFILL THE ASPIRATIONS. TO OVERCOME THIS REALITY ARTICLE 51-A AND PART IV-A WERE INTRODUCED BY 42ND AMENDMENT IN 1976. Everyone has duties to the community in which alone the free and full development of his personality is possible (1) For understanding the fundamental duties is it necessary to know the basic meanings of these terms. Fundamental Something that is an essential or necessary part of a system or object. (2). fundamental means the basic feature of law. Why this law is prevailing in our country. As we can also say “our birth right”. Duties A duty mean that some person has to do something or abstrain from doing something in favour of another Read More

CASE STUDY: PETITIONER: BHARAT BHAWAN TRUST Vs. RESPONDENT: BHARAT BHAWAN ARTISTS ASSOCATION & ANR.

Medha varshney

PETITIONER: BHARAT BHAWAN TRUST Vs. RESPONDENT: BHARAT BHAWAN ARTISTS ASSOCATION & ANR. 22 August, 2001 CASE NO. : Appeal (civil) 5614 of 2001 BENCH OF JUDGES: • S. Rajendra Babu • Shiva raj V. Patil INTRODUCTION Bharat Bhawan Trust, appellant herein, was established under the Bharat Bhawan Nyas Adhiniyam. The main objects of the said Trust are to preserve and explore, innovate, promote and disseminate arts and to manage and expand Bharat Bhawan as a national centre of excellence in creative arts. Section 2(a) of the ID Act defines Bharat Bhawan to mean the structure for multi-arts centre built in Bhopal and includes the premises described in the Schedule with all buildings contained therein together with all additions which may be made after the commencement of the Act. Under the Schedule to the Industrial Dispute Act, apart from describing the boundaries it has been described to include - 1. Roopankar, the Museum of Fine Art, 2. Madhya Pradesh Read More

RULE OF LAW

Medha varshney

“No matter what your position is, if you have the citizenship you have to follow the rule of law” Rule of law means that there is a special principle which has to be followed by the government and all the law making bodies and citizens itself. Rule of law also means the supremacy of law. Law governs the country that if only written provision is given then only it must be followed, without given in legal provisions no one is bound to follow. Every citizen who have citizenship of their respective countries and law makers are subject to law. They all are governed under one law and has to follow all principle which are codified acc. to their constitution. The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', i.e. a Government based on the principles of law. Administration of justice i.e. the person is of any status (higher or lower) he has to follow the norms enacted in the law. Therefore govt. works only with the written procedure which Read More

prevent women from sexual harrassment at workplace

Medha varshney

SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION AND REDRESSAL) ACT, 2013 Says- defend ladies from sexual harassment at their place of work. Approved - the bill got the assent of the president on 23 April 2013. Enforce –on 9 December 2013, the bill was printed within the gazette of India as act no. 14 of 2013. PASSED – In 2010, the bill was introduced within the Lok Sabha. September 03, 2012 bill was amended and re-introduced in the Lok Sabha & Rajya Sabha on 26 February 2013. Workplace includes :-- place visited by the workers arising out of or throughout the course of employment,- transportation provided by the leaders for the aim of travelling,- the place of employment. LEGISLATURE DRAFT PROTECTION OF LADIES AGAINST HARASSMENT AT WORK BILL, 2007 approved by the union cupboard. How introduced- S.C. Of India Introduced This Statute Supervene Upon The Vishaka Guidelines For Prevention Of Sexual Harassment- In 1992, a woman employed with the Read More

Juvenile Justice System

Medha varshney

In 18th century, the first legislation deal with child committing crime was Apprentices act, 1850 -it provide the punishment for petty offences to children below age of 15yrs. In reformatory school act, 1897- provide children up to age of 15yrs sentenced to imprisonment would send to reformatory cell. Juvenile justice act, 1986- brought uniformity-later amended to juvenile justice (care & protection) act, 2000. In India, many offences was committed and still continue and never stops but there is severe problem because of which laws must be made in respect of such crimes. Children’s are treated as god soul & national assets. The experienced peoples and society has to take care of their children’s that they shouldn’t go under any bad activity. It is also the duty of the government to provide proper opportunity to children’s to get equal opportunity for development which reduces inequality. It is require that the children’s must be respectful and obedient Read More

Intellectual Property Patents and Pharmaceutical Industry In India

Samriddha Gooptu

INTRODUCTION : The pharmaceutical sector in India is a well established, prosperous and technologically advanced industry, which has evolved and developed at a steady and constant rate over the preceding three decades. Presently, a large portion of the pharma-industry is dominated by multiple privately owned Indian companies due to industry-friendly government policies and limited competition from overseas pharmaceutical companies.[1] However, due to liberalisation in the Indian economy, many overseas pharma-giants have stepped into the market. Factors relating to protection of intellectual property seem to be taking an upward slope with growing scenarios and needs to ensure safeguarding of high-scale investments in research and development (R&D). Therefore, measures are being taken to restrict adversities relating to enforceability and execution of already prevalent intellectual property laws. The Indian government therefore too has taken considerable steps in establishing a Read More

Corporate Social Responsibility In India

Samriddha Gooptu

Introduction: Corporate Social Responsibility (CSR) as a concept over recent years has been the primary epicentre for numerous deliberations and research. It has evolved and developed both at the academic as well as the business world. A wide and detailed definition of the term CSR was given by the European Union (EU). The definition reads “ the concept that an enterprise is accountable for it’s impact on relevant stakeholders. It is the continuing commitment by business to behave fairly and responsibly, and contribute to economic development while improving the quality of life of the work force and their families as well as the local community and society at large…..”. [1] On simpler terms CSR refers to ensuring the success of the business by inclusion of environmental and social deliberations into company matters. It basically means meeting out to the expected demands of the shareholders and customers, simultaneously managing the expectations and demands of other Read More

Issues and problems with Online Legal Services in India

I was reading the story of one of the first movers in the Online Legal Services industry and was not so surprised to see that one of their Clients has published a comment on their service wherein the Client, who hired a Lawyer from Bangalore through their platform, had to pay advance amount of Rs. 22,000/- without getting the “proper” legal service. Here, I am neither trying to qualify the services of the lawyer nor the online services being provided by this Company. What I am trying to bring to fore is that there are many known and unknown issues with the Legal sector and one cannot claim to know and understand everything about it. If one claims to know, then may be at his/her own peril. The caveat emptor will not work here. Legal sector is uncharted territory and one can see lots of beautiful mermaids (read opportunities) in it but the moment one starts wading or swimming towards them then one realizes that the water is full of piranhas. You get bitten many a times and even Read More

3 years LL.B. or 5 years Integrated LL.B.

I am starting this blog site with a highly debatable topic for law graduates. Which course a law aspirant should chose – three years LL.B. or five years LL.B.? I shall begin my write up with the answer first and then would try to support in an unbiased way, hopefully. The answer is EITHER. Let us begin with a basic natural principle of evolution. We all know and science has time and again proven that diversity brings in the best. Diversity in the gene pool, diversity in the food habit, diversity in the adaptation to natural habitation, so on and so forth. Likewise think of the civilizations which have survived the onslaught of time. Compared to monistic societies the pluralistic societies have been better in survival and in bringing out the essence of knowledge and philosophy to the world. Having said that I would like to buttress my above answer with a statement that graduates coming out from both the courses will bring in the diversity that the Legal sector Read More

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